SC Agrees To Hear Plea For CBI Probe Into Unnao Rape Case & Custodial Death Of Victim’s Father

The Supreme Court has agreed to hear next week a petition seeking a CBI probe into the rape of a 16-year-old woman in Unnao, UP last year allegedly by a BJP MLA Kuldeep Singh Sengar and the custodial death of her father after allegedly assaulted by the rape accused's brother.

The MLA’s brother Atul Singh Sengar has already been arrested by the UP police yesterday.

The state government has also constituted a special investigation team to probe the rape case.

Said the public interest litigation filed by advocate Manohar Lal Sharma: “The writ petition (PIL) under Art. 32 is being filed invoking fundamental right as guaranteed by the constitution of India for writ direction for C.B.I. investigation and prosecution u/s 302, 376, 363/366 r.w. 120-B of IPC against rape and custodial death, i.e. kidnapping, rape of a minor girl by the BJP M.L.A. and his companion and custodial death of her father via torture after their arrest upon protest by them, couple with further direction for protection and compensation to her and her family members in the interest of justice”

After Sharma mentioned it, a bench headed by Chief Justice Dipak Misra assured that it will be listed next week.

Sharma claimed he had filed a representation in this regard to the Chief Secretary of UP and CBI but it has not been acted upon. UP police cannot be trusted to conduct the probe in a free and fair manner, he contended.

“Because victim family is also entitled for similar compensation what has been provided in case of Nirbhaya gang rape i.e. Rs. 3 crore and government service to her family member couple with compensation and action for custodial death as directed by this Hon’ble Supreme Court from time to time”, said the petition.

PRAYER

• Issue writ of mandamus directing respondent no. 4 (CBI Director) for investigation into the rape and her father’s custodial death and to file their report before Supreme Court for further direction and proper prosecution of respondent no.3 (Accused MLA Kuldeep Singh Sengar) and others u/s 302, 364, 366, 375 & 120-B of IPC in the interest of justice.


• Direct respondent no.1 & 2 (state of UP and Centre) to provide proper similar compensation as provided in the Nirbhaya gang rape case & protection to the rape victim girl and her family for her gang rape couple with compensation for custodial death of her father in the interest of justice.